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Money Issues

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anonimo

Junior Member
What is the name of your state (only U.S. law)? California

Hi. I loaned my ex-boyfriend $2,000 when we were together. After we broke up in December, he only returned me $380 (in January). I didn't bother him for the past 5-6 months about the money. When he asked me for his laptop back, I returned it, but there was something wrong with it - it crashed. (I don't know if that was really my fault...)

I recently asked him for the rest of my money I loaned him ($1,620), and he said he won't give it to me because I have to pay for a new laptop.

Is that legal to hold money as collateral? I really need my money back...I loaned that to him before his laptop broke.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? California

Hi. I loaned my ex-boyfriend $2,000 when we were together. After we broke up in December, he only returned me $380 (in January). I didn't bother him for the past 5-6 months about the money. When he asked me for his laptop back, I returned it, but there was something wrong with it - it crashed. (I don't know if that was really my fault...)

I recently asked him for the rest of my money I loaned him ($1,620), and he said he won't give it to me because I have to pay for a new laptop.

Is that legal to hold money as collateral? I really need my money back...I loaned that to him before his laptop broke.
Here is what you do: You sue him for the money he owes you.

Here is what he does: He countersues you for the broken lap top

Here is what the judge does: You both win. You both lose. Call it whatever you like, you both leave exactly in the same position you came in.

Have a nice day :)
 

JETX

Senior Member
Is that legal to hold money as collateral?
As long as it is not wages (added since SOME people on this forum don't understand).... he can hold any funds he wants as long as he wants... and you let him.

I really need my money back...I loaned that to him before his laptop broke.
Here is what I suggest. First, you have to get some type of documentation of the loan. Send him a real nice email.... detailing the loan, the promise to repay and his payments. Ask him to email you back with his repayment plans or a schedule to repay. PRINT OUT ALL DOCUMENTS!!
Hopefully, he will... and it really doesn't matter if he claims the laptop as an offset. That is a separate issue.

Once you have some type of DOCUMENTED proof of the loan, file small claims on him and show up at the time/place set by the court. Present your case with the documentation. Should be a slam-dunk. His claims of offset are NOT relevant unless he files a counter-claim. If he does, he will then have to PROVE his claim that you are responsible for the laptop condition and prove his 'damages'. All in all, I think you have a better than decent chance of getting a judgment.
Enforcing that judgment is another story though.
 
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